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North Carolina Workers’ Comp Defense Blog

 

Method 5 of Calculating the Average Weekly Wage as the Last Resort

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Nay v. Cornerstone Staffing Solutions, No. COA19-262, 2020 WL 5000765, at *1 (N.C. Ct. App. Aug. 18, 2020) Plaintiff sustained a compensable injury when he was working in a “temp-to-perm” position for Cornerstone Staffing Solution, an employment staffing agency. “Temp-to-perm” employees are placed with client companies that offer the possibility of full time, long-term employment […]

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Analyzing Mental Impairments under Workers’ Compensation

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It is well established that as long as the resulting disability, meets statutory requirements, mental impairments are compensable in North Carolina. These injuries arise in multiple ways.  For example, a bank teller is assaulted in the course of a bank robbery and, after recovering from physical injuries, cannot return to work due to anxiety. It […]

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What to Expect When You’re Expecting… a Workers’ Compensation Claim

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Background Workers’ Compensation is exactly that.  It is a system designed to compensate workers who get injured on the job if they need to miss work or receive medical treatment.  In North Carolina, Workers’ Compensation claims are governed by The North Carolina Workers’ Compensation Act.  The North Carolina Industrial Commission has exclusive jurisdiction over the controversies that may […]

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Proposed Bills Could Add COVID-19 as a Compensable Occupation Disease

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NORTH CAROLINA REPRESENTATIVES PROPOSE BILLS ADDING COVID-19 AS A PRESUMED COMPENSABLE DISEASE FOR INDIVIDUALS IN CERTAIN TYPES OF EMPLOYMENT.   The North Carolina legislature has been fast at work drafting and passing legislation in response to the Covid-19 pandemic. The North Carolina Workers’ Compensation Act is no exception as two bills were introduced on May 1, […]

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Publicly Advertising a Job is Not Essential in Proving Suitable Employment

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Suitable employment has been defined as “any job that a claimant is capable of performing considering his age, education, physical limitations, vocational skills and experience.” Shah v. Howard Johnson, 140 N.C. App. 58, 68, 535 S.E.2d 577, 583 (2000) (internal marks and citation omitted).   However, the job position must be a bona fide position, and not “make-work. […]

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“Vested Interest”

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HOW SHIFTS IN INTEREST RATES ARE AFFECTING THE VALUE OF WORKERS’ COMPENSATION DEATH CLAIMS Interest rates affect many aspects of our lives, from the housing market, to credit cards, to student loan debt. One area that is often over-looked, is how shifts in rates affect workers’ compensation claims. Death claims in North Carolina represent the […]

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COVID-19 Workers’ Compensation Q&A Hosted by WCDI

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Cranfill Sumner & Hartzog is proud to be the North Carolina partner of the Workers’ Compensation Defense Institute (WCDI). WCDI is an alliance of leading US law firms that dedicate considerable experience to the representation of employers and carriers in the area of workers’ compensation.  Over the past month, WCDI has hosted two informational webinar answering questions […]

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Extended Compensation Filing Protocol

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For North Carolina workers’ compensation claims arising on or after June 24, 2011, N.C. Gen. Stat. § 97-29(b) provides the duration of compensation for temporary total disability is 500 weeks from the date of first disability unless the employee qualifies for extended compensation.  Pursuant to N.C. Gen. Stat. § 97-29(c), an employee may make an […]

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A Never Ending Story: Asbestos Exposure and Mesothelioma

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Asbestos was widely used from the 1940s to the 1980s, but surprisingly, it seems claims of asbestos exposure and the development of asbestos related disease are not slowing down anytime soon.  Recently, the Wall Street Journal published an article examining a lawsuit filed in 2016 that alleges Penn State University negligently exposed a professor to asbestos […]

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NC Workers’ Compensation Claims & Healthcare Workers

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As to COVID-19, are potential claims for front-line healthcare workers compensable? Specifically, for those working in Emergency Rooms or having face-to-face interactions with patients, how is the medical causation analysis affected?  Under current NC law, to prevail on a claim for workers’ compensation benefits, a claimant must show that the claim arises from an injury […]

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FAQ: How Does COVID-19 Affect Current WC Claims?

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If a WC Claimant refuses medical treatment due to COVID-19 contamination fears, can benefits be cut off?  Under NC Law (NCGS 97-25(d)), Defendants cannot unilaterally suspend or terminate benefits if the claimant refuses medical treatment offered by Defendants. The statute provides: The refusal of the employee to accept any medical compensation when ordered by the […]

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COVID-19: No Workers’ Compensation Coverage in NC

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There is no longer any question about whether the coronavirus (COVID-19) pandemic will affect North Carolina employers and employees.  It will … and probably in ways that cannot be fully predicted.  Its invasion has begun, and all North Carolinians must transition from preparing for the contagion, to actively fighting it, and then, to recovering from it.  Somewhere along the way, […]

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What’s fair and just is a must

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The Plaintiff worked as a part-time nurse’s assistant, where she earned $8.00 per hour.  She received a promotion in February of 2011, where she worked full time with a single patient and earned $10.00 per hour.  On the first day in her new position, February 10, 2011, the patient pushed the Plaintiff down the stairs.  As a result […]

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Realizing Retiree Comp Rates

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When using an AWW from employment other than that which caused the injury is actually appropriate. Plaintiff was last injuriously exposed to asbestos at a time when his comp rate would have been $600.00. He was diagnosed with mesothelioma approximately 15 years later, after retiring. His average weekly wage during his post-retirement, part-time employment would have resulted in a […]

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